Gas Act 1965

13 Compulsory purchase of rights as respects wells, boreholes and shafts in storage area and protective area.

(1) The Minister may authorise a gas authority under section 11 of the principal Act to purchase compulsorily any land which is in a storage area or protective area and which is the site of any well, borehole or shaft for the purpose—

(a) of making use of the well, borehole or shaft in connection with the development or use of the underground gas storage (and to the exclusion of its use by any other person), or

(b) where the well, borehole or shaft extends below the depth prescribed by the storage authorisation order, of stopping it up or preventing its use by any other person.

(2) If the well, borehole or shaft in any such land extends below the depth prescribed by the storage authorisation order, the gas authority may be authorised under section 11 of the principal Act to purchase compulsorily such rights as appear to the Minister expedient to enable the gas authority to ensure that the well, borehole or shaft is stopped up, or is prevented from being used by any other person; and Part I of Schedule 4 to this Act shall apply in relation to the compulsory purchase.

(3) For the purpose of enabling a gas authority to obtain access to land which is in a storage area or protective area and—

(a) on which the gas authority propose to construct a well, borehole or shaft to be connected with, or used for any of the purposes of, the underground gas storage, or

(b) which is the site of an existing well, borehole or shaft,

the gas authority may be authorised under the said section 11 to purchase compulsorily a right of way over any land either for persons on foot or both for persons on foot and vehicles; and Part I of Schedule 4 to this Act shall apply in relation to the compulsory purchase.

A right of way conferred under this subsection shall, subject to any express provision of the compulsory purchase order, imply—

(i) the right to construct and maintain gates, stiles and bridges along the right of way together with all such rights as would be implied in the grant of an easement or servitude for a right of way comparable to that conferred by the compulsory purchase order, and

(ii) where the right of way includes a right to pass over the land with vehicles, a right to transport materials, plant and apparatus in vehicles.

(4) Where in consequence of the exercise by a gas authority of any right acquired under subsection (3) of this section any person suffers loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels, he shall be entitled to compensation in respect of that loss from the gas authority.

(5) Part II of Schedule 4 to this Act (which relates to cases where a well, borehole or shaft is used for the purpose of providing a supply of water) shall have effect for the purposes of this section.

(6) A right acquired under subsection (2) or subsection (3) of this section shall be deemed to be a charge affecting land falling within paragraph (iii) of Class D in section 10 of the [1925 c. 22.] Land Charges Act 1925, and that Act and the [1925 c. 21.] Land Registration Act 1925 shall have effect accordingly.

(7) A right acquired as aforesaid in relation to a well, borehole or shaft situated in Scotland shall be recorded as soon as may be by the person acquiring the right in the General Register of Sasines.

(8) Section 17 of the [1938 c. 52.] Coal Act 1938 (restriction on alienation of coal and coalmines) shall not prevent the acquisition by a gas authority, whether by agreement or by compulsory purchase, for purposes connected with an underground gas storage of land which is the site of a well, borehole or shaft which forms part of a mine of coal (as denned in section 44(1) of the said Act of 1938), which is disused, or of any rights as respects such a well, borehole or shaft.

(9) References in this section to a storage area or protective area, or the depth prescribed by a storage authorisation order, shall, in relation to a compulsory purchase order which is made under this section after proposals for a storage authorisation order have been submitted to the Minister under paragraph 3 of Schedule 2 to this Act, but before the storage authorisation order takes effect, be taken as references to those areas, or the depth so prescribed, as set out in the proposals, or in an application under paragraph 6 of the said Schedule 2, and any variation of the areas or depth in the storage authorisation order, as compared with those proposals or the application, shall not invalidate the compulsory purchase order.

(10) The provisions of this section are without prejudice to the generality of the provisions of section 11 of the principal Act.

(11) In the application of this section to Scotland, in subsection (4) "chattels" means corporeal moveables.